PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                             DA 97-402

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov


                                                 Released: February 24, 1997

                     WIRELESS TELECOMMUNICATIONS BUREAU
                  COMMERCIAL WIRELESS DIVISION INFORMATION
Application Grant in Los Angeles MSA Implementing Remand in McElroy Electronics v. FCC


On November 5, 1996, the Wireless Telecommunications Bureau released a Public Notice, Report
No. CL-97-8, establishing procedures for carrying out the mandate of the U.S. Court of Appeals
for the D.C. Circuit in McElroy Electronics Corp. v. FCC, 86 F.3d 248 (D.C. Cir. 1996), and
for licensing cellular service in unserved areas in the Los Angeles and Minneapolis-St. Paul
Metropolitan Statistical Areas (MSAs).  The Public Notice dismissed cellular unserved area
applications for the Los Angeles and Minneapolis MSAs that were filed on March 10, 1993.  The
dismissal of the March 10, 1993 filers left JAJ Cellular, McElroy Electronics Corporation, Los
Angeles SMSA Limited Partnership, and Price Communications Cellular Inc. as the remaining
applicants in the Los Angeles MSA.  Prior to the Public Notice, these applicants had entered into
a proposed settlement agreement under which a new entity, Desert Telecommunications Limited
Partners ("DTLP"), would be the sole remaining applicant in the Los Angeles MSA.  The Public
Notice granted the parties 30 days in which to file amendments to their application and proposed
settlement agreement.

On December 4, 1996, DTLP filed minor amendments to the application for the Los Angeles
MSA and to the joint motion for approval of the settlement between JAJ, Los Angeles SMSA
Limited Partnership, and Price.  The amendments included a request that Price be included as a
party to the settlement, notwithstanding the fact that its original application was late-filed.  Also,
on December 4, 1996, Roanoke Valley Cellular Telephone Company unilaterally withdrew its
petition to deny filed against one of the settlement parties, thus clearing the way for a full-market
settlement.  We have reviewed the joint motion for approval of settlement, a copy of the written
agreement, and the declarations submitted by the parties under 47 C.F.R.  21.129.  The Bureau
finds that the amended application of DTLP, including the admission of Price Communications
Cellular, Inc. as a party to the settlement, is in the public interest and we hereby GRANT the
application.

02243-CL-MP-89 KNKR213        2B     Desert Telecommunications Limited Partnership

Action by Chief, Commercial Wireless Division, Wireless Telecommunications Bureau.